Legal Representation on Federal Disability Retirement Claims: False notions

We all possess them; some, more than others; most, of a harmless variety where — so long as they are kept private and unannounced like an illegitimate child kept from the knowledge of one’s spouse, friends and family — no consequences ensue from the mere “having” of them.  False notions can take many forms, and on the spectrum of held beliefs, so long as one never “acts” upon them or otherwise expresses them in polite society, they remain the eccentric uncle that visits periodically but for short stays, and always tries to remain unobtrusive.

Say a person believes that the earth is flat — yes, there are many such people, to the extent that there are contingents of “flat earth societies” cropping up everywhere — but moreover, not only that the earth is flat, but you also believe that martians live on the far side of the moon, that every book published in the world over is written by Shakespeare, and that there is truly a wizard of Oz that controls the mechanism of the universe.  What harm is there in believing any of those?

Perhaps some are false notions; perhaps others are not.  So long as they do not intersect with conversations in the public domain, or do not interfere in the daily activities of living one’s life, is there any harm to possessing, maintaining, retaining and ascribing to false notions?

Take it a step further, however, and insert the following hypothetical: At a “get together” with coworkers and other departmental or other office personnel, a conversation begins with a group of gathered men and women, and someone begins talking about a new book that has just been reviewed by the New York Times Book Review Section, and one of the individuals pipes in that it, too, was written by Shakespeare.

The first person says, “No, no, it was written by so-and-so”, but the second individual persists and insists, and an argument starts: “No, it was written by Shakespeare.”  “You’re crazy.”  “No, you don’t know a thing!”  “And you probably believe that the earth is flat.”  And on and on.  Now, the next day, everyone is back at work — has anything changed?

Holding on to the false notions has not disrupted the flow of productivity, and the fact that one’s false notions were inserted unnecessarily into the daily discourse of other’s beliefs and understanding of an individual, has not disrupted the objective universe of those who gained further knowledge of another’s belief system.  False notions, then, so long as they remain private, or even when inserted into the public domain but without objective interference, may remain unobtrusive.

For Federal employees and U.S. Postal workers, however, who suffer from a medical condition, such that the medical condition is beginning to prevent the Federal or Postal worker from performing one or more of the essential elements of one’s Federal or Postal job, a false notion can indeed have some deleterious consequences.

If you, as a Federal or Postal employee, possess a false notion of pride, or of loyalty to the Agency or the Postal Service at the expense of your health, and thus delay preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether as a FERS, CSRS or CSRS-Offset employee, the impact of further delay or procrastination can impact your health.

False notions are fine to foolhardily have fun with, but when it intersects with your health, it is time to prepare, formulate and file an effective Federal Disability Retirement application, to be filed with OPM.

Sincerely,

Robert R. McGill, Esquire

 

 

Disability Retirement for Federal Employees: Insular worries

How much time is spent on worries constantly engaged in conversations never spoken but hidden within the insular universe of the private mind?  The walking person who appears to be “carefree” with an impassive face or even a flashing grin; of that person, can one detect the trembling child within, the shuddering fears hidden and the angst-driven force behind?

So much time is often spent on battling against the monsters that loom so large within the insular world of one’s mind that productivity is diminished, creativity is dashed and the relishing of valuable moments become forever a memory that could have been, might have occurred and only fleetingly felt.

How does one counter the obsessive characteristics that most of us are beset with — of anticipating doom and disaster where none has yet occurred; of predicting that failure is just around the corner without having seen any indicators of either the bend around the next block nor the sunshine that foreshadows success; or of simply worrying because there is too much calm, or an overabundance of happiness, joy and the saltiness of success?

Is it always the “quiet one” whom we should all watch for?  Why is it that, after a tragic incident, the neighbor always points to the perpetrator of the crime and says, “He/she was such a nice, quiet person”?  Is it because the insular worries that are never spoken, but remain silent throughout, grow and fester like the mold behind the cellar door or the pus within the bubble of hidden flesh?

For Federal employees and U.S. Postal workers who walk about with a medical condition that must be “kept private” and “hidden” for fear that the Federal Agency or the U.S. Postal Service might begin to “take actions” to restrict the use of Sick Leave, or refuse to allow for extended LWOP or, worse yet, to place one on a “Performance Improvement Plan” with the full knowledge that the medical condition prevents the Federal or Postal worker from performing all of the essential elements of one’s Federal or Postal job duties — preparing, formulating and filing an effective Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, might be the logical next step beyond walking about with the insular worries of an anticipated future event.

Worrying is an integral and inseparable part of modernity; the world is complex, and the complexities themselves create a surreal universe of worries and anxieties; how we “deal” with them, however, is the key to successfully tackling them.  Consulting with an experienced attorney who specializes in handling Federal Disability Retirement issues will likely be the necessary first step in preparing an effective Federal Disability Retirement application, and perhaps the unburdening of those insular worries that are bundle up with questions that need some answers.

Sincerely,

Robert R. McGill, Esquire

 

OPM Retirement for Mental or Physical Incapacity: Responsibility

What is it about the ascription of such a word, that there can be a direct correlation or, if taken in a different context, some mere connection but no causality?  We can say of a person, “He is responsible for X”, and yet never have directly encountered X or (if a person) never even have met X.

Thus of monsters and thugs throughout history, for instance, we might say that “Stalin was responsible for 20 million deaths, at least,” or that Mao was “responsible” for a 100 million peasants dying during the late 50s; or, of course, of ascribing to Hitler the countless millions; and, so that we don’t leave out other “responsible” monsters of history, of Pol Pot, Idi Amin and many others besides, though we cannot link a causality that would pass Hume’s skeptical test of anything more than events following one upon another, we nevertheless accept that all such political figures were “responsible” for the deaths of millions.

What is the criteria in coming to such a conclusion?  Is it a negative proposition — that if X had the power or position to prevent such events from occurring, then Responsibility-Y can be ascribed?  Or must it be a positive declaration: If X engaged in Acts A, B and C, then Responsibility-Y can be attributable to Individual-W; and further, if only Acts A & B, but not C, then less so; and if only Act A, but not B & C, even less so?

Responsibility”, of course, is a malleable and transitive concept; it can change with the contextual winds of opinion, historical perspective and a cultural shift of viewpoints.  Look at how we approach our Founding Fathers — of responsibility for the slave issue in the United States, but somehow excusing each if (A) any one of them willed that they would be freed upon their deaths, (B) that one was “personally” against the issue but for economic, practical reasons were “forced” to go along or (C) they treated them “kindly” and “responsibly” (here, we have a double-meaning of the term, for such an individual was both “responsible” as well as being ascribed the “responsibility” of being a slave owner).

Or, look at the manner in which America treated Native Americans — of a genocidal history no less cruel than Mao’s starvation of the peasantry; and yet, because of such grand concepts as “manifest destiny” and the depiction of an entire populace as “uncivilized”, we can avert “responsibility” by distancing the causal agents; and the greater distance between the agents, the less we ascribe responsibility.

On a lesser scale, what about work?  If work suffers and there is no reason for it but laziness and lack of attention, we ascribe “responsibility”.  But what if a medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s positional duties — is that Federal or Postal employee “responsible”?

The short answer is a “no” — and that is recognized by “the Law”, in statutes, regulations and case-laws cumulatively aggregated under the conceptual aegis of “Federal Disability Retirement Law”.  It is precisely because society recognizes that a medical condition itself — and not the individual — is directly responsible for one’s inability to perform one or more of the essential elements of one’s positional duties, that Federal disability retirement exists as a benefit to pursue.

But it cannot be accessed until and unless there is an affirmative step taken by the Federal or Postal employee, by preparing, formulating and filing an effective Federal Disability Retirement application, filed with the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.  That is where “responsibility” comes into play as a direct causal link — of initiating the steps and actually filing.

Sincerely,

Robert R. McGill, Esquire

 

OPM Medical Retirement for Federal Employees: ‘For’ and ‘to’

Do we ever pick up on the subtleties of language’s intentionality, anymore?  Is there a difference with a distinction between the use of the prepositions ‘for’ as opposed to ‘to’?  And, even if intentionally and with deliberative meaning, one inserts one as opposed to the other, would the person for whom it is intended, or to whom it is addressed, catch the difference, or would he or she merely respond as if there was never any difference at all?

Say the person began with one preposition but stopped mid-sentence and corrected it, inserting the ‘other’; would the correction be noticed at all, and even if it was, would that make a difference?  Say, for instance, a person says to another, “I would like to show my appreciation to you,” as opposed to saying, “I would like to show my appreciation for you.”  Is there a difference?  Is there a subtle intentionality hidden – where the “to” is just slightly less personal than the “for”?

What if the person speaking does not believe in any differences between the two propositions – would that make a difference?  Or, conversely, what if the person speaking does know the difference, or believes he does, between the two, but the person being addressed does not; does that make a difference?  Is there, objectively, a difference between the two, and can it be identified, delineated, understood and explained?

When we say, for example, that X is giving a gift to Y – is that different from saying that X is giving a gift for Y?  Or that Sally has shown great empathy to Mary, as opposed to showing great empathy for Mary – can the subtle difference of intentionality be derived?

Language is a difficult tool to master, to begin with, and grammar was once the medium by which correctness of communication could be embraced.  Much of grammar has now been discarded, abandoned and forsaken, and with the detritus of residue left behind, the subtlety of language – both in its usage as well as in its reception – has been lost.

For Federal employees and U.S. Postal workers who are considering filing a Federal Disability Retirement application through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset, almost all of the encounters with the Federal agency responsible for review and determination on a Federal Disability Retirement application – i.e., the U.S. Office of Personnel Management – will be wrought through impersonal “paper” transactions – submission of the Standard Forms (e.g., SF 3112A, Applicant’s Statement of Disability) and medical narrative reports and treatment records, as well as any Legal Memorandum prepared to argue your case – will be through an impersonal communication via language known, language learned and language imparted.

Knowing the subtleties of language, and the correct approach, the context and content driven by legal precedents and argumentation are all an important part of the process of preparing, formulating and filing an effective Federal Disability Retirement application.  It may not have to get into the minutiae of the differentiation of prepositions like ‘for’ and ‘to’, but there is enough complexity in the language of such a strange frontier as Federal Disability Retirement Law so as to justify hiring an attorney who specializes in such administrative legal conundrums, whether to obtain a successful outcome or for attainment of one.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement under FERS & CSRS: That carefree child

Whatever happened to him or her?  That child who would shrug the shoulders, move on to the next thing and be free of worry or concerns.  “Carefree” is not a synonym for “careless”, or even of “uncaring”; rather, it is the capacity and ability to maneuver throughout this complex universe without allowing for life’s burdens to weigh upon one so heavily that past events prevent future actions of progress and advancement.

That child that is now lost was caring; he or she was also careful in every endeavor, every project and helpful in many ways; yet, that same child was known to be carefree.  Where is that child, now?  What happened such that life interrupted, anxieties developed and stresses multiplied?  Does that same child – now a hunk of an adult sitting in the corner somewhere – stay up at nights worrying about tomorrow, “stressed out” about the next day, paralyzed with panic about the future?

Often, the troubles we face within the confines of our own minds are greater in horror and imagined size, than the reality that is actually to occur.  Depression, anxiety, panic attacks, bipolar spectrums of manic and depressive phases, coupled with suicidal ideations, agoraphobia and other psychiatric diagnoses – these can comprise the lost paths of a child who is no longer carefree, but has grown into adulthood and experiences the commonality of society’s growing problems, exponentially expanded because the rest of society has indeed become uncaring and careless in its treatment of that child who was once carefree.

If that once-carefree child has become a Federal or Postal employee who is suffering now from the cares of the world, and the medical condition no longer allows for the Federal or Postal employee to perform all of the essential elements of the Federal or Postal job, it may be time to consider filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

Filing for Federal Disability Retirement benefits will not be the solution to all of life’s problems, but it can at least begin to pave a path towards “coming home” to a time that we remember, when that carefree child walked about with less of a burden and more of a smile.  Federal Disability Retirement is meant to do that – to allow for the Federal or Postal worker to focus back upon one’s health and well-being and not become burdened with the stresses of work and performance, where love is anything but unconditional and the summer days of tomorrow may still have some warm moments to enjoy.

Sincerely,

Robert R. McGill, Esquire

 

Attorney Representation Federal Disability Retirement: Quiet

Is “quiet” the same as silence?  Or, of lack of noise?  Is it a state of mind-body consonance, where the body can remain calm and unmoving, yet the mind remains racing with thoughts, and in that state of being, do we fool ourselves to think that the outer world will not impact the inner mind?  Or, in reverse order?

Quiet is that which we strive for, in a world where din is the normalcy of life.  Can medical conditions that betray that which we strive for be understood by those who do not experience it?

Consider Tinnitus – that condition where there is a constant “sound”, whether of ringing, hissing or clanging that disrupts any consistency of a person’s striving for quiet, and this, despite everyone else in the “objective” world being quite oblivious to the “hearing” of such sounds.  Or, of the person who is deaf or progressively losing one’s acoustic acuity – can the rest of the world understand such a state of reality?

We assume, as we operate throughout the world on a daily basis, that because others appear to act in similar ways, that their inner beings and states of minds are similarly situated.  To “think alike” is to remain comfortable; and to attain “quiet” is not just to avoid the constant rush of living, but to reach a plateau where life is consistent, predictable and somewhat boring.

For Federal employees and U.S. Postal workers who experience the disquietude of a medical condition, where a combination of multiple factors come to the fore: Of a medical condition that prevents one from performing one or more of the essential elements of one’s Federal or Postal positional duties; of “noises” from one’s agency, supervisors and managers of deficiencies in performance, attendance or quota goals; of being placed upon a Performance Improvement Plan (PIP); of receiving a “warning” memorandum concerning one’s use of leave, whether Sick, Annual or LWOP; of harassment even when one has invoked FMLA rights; or of the step just prior to the last one – a proposed termination, then a termination; it may be time to prepare, formulate and file an effective Federal Disability Retirement application, to be ultimately submitted to the U.S. Office of Personnel Management, whether the Federal or Postal employee is under FERS, CSRS or CSRS Offset.

“Quiet” is not just a state of how things are in one’s home; one can lose that goal of quiet by bringing home the stresses of work’s harassment and adversarial environment, and it doesn’t have to be an actual medical condition such as Tinnitus or progressive deafness – although those may also be a qualifying basis upon which to file a Federal Disability Retirement application – but multiple other medical conditions, as well, that result in the disquiet of robbing one’s quiet.

Sincerely,

Robert R. McGill, Esquire

 

FERS & CSRS Medical Retirement for Federal Employees: Illness

It is the pause button rendered by the universe, often without warning, without invitation and unwelcomed by all.  Is it the gods laughing in the heavenly seclusion, as wanton children playing with the mortality of souls unrequited, as matches in the hands of mischievous hearts undisciplined by law, life or empathy?

Then comes the triteness of wisdom, yet true but too late: “Oh, what a blessing health is”; “Is there a lesson to be learned?”; “Why me?”.  Is this the crisis of life that is merely an obstacle to overcome, or the long road towards a progressive decline where mortality is not just tested, but revealed as the weak link in the proverbial chain of man-to-gods-to the theology of our own creation?

Illness comes like that unwitting thief in the dead of night, but unlike the burglar who tries to remain silent but for creaking floors and unoiled passageways, it comes without concern for being revealed.  Does the universe test – or remain impervious like Aristotle’s Unmoved Mover, where perfection attracts all towards its essence and destroys everything that attempts to escape?  Who determines the criteria of such a test?  What constitutes a “passing grade” as opposed to a failure in its mere attempt?  Is the evaluation contained within the strength of one’s own character, and what results in a declaration of “success” as opposed to the failure of everyday lives?

If it is truly a test of character, then Federal employees and U.S. Postal workers certainly get enough of it to collectively get a passing grade.  Yes, fortunately, there is the option of filing a Federal Disability Retirement application, but for almost all Federal employees and U.S. Postal workers, the reality is that such a step is the last option chosen.

It is not so much that the benefit reaped from a Federal Disability Retirement is so miserly as to not make it worthwhile; no, to a great extent, the annuity of 60% of the average of one’s highest three consecutive years of pay, then 40% every year thereafter until recalculation at age 62 is generous enough to survive upon, especially when the alternative is to remain and kill oneself, resign and walk away with nothing, or file for Federal Disability Retirement benefits; and, in conjunction with the ability to go out into the private sector and be able to make (on top of the Federal Disability Retirement annuity) up to 80% of what one’s former position currently pays – it can lead to an acceptable level of financial security.

Ultimately, however, it is a truism that Federal employees and U.S. Postal workers wait until the final possible moment before making the decision to file a Federal Disability Retirement, often allowing the illness to debilitate beyond the point of reasonable acceptance.  That, in and of itself, is a character test, and one that makes the illness itself of secondary concern, when one’s health should be given the highest priority, lest we allow the gods of wanton carelessness to have the last laugh.

Sincerely,

Robert R. McGill, Esquire